CultFox & Hot Touch Media Terms Of Service/Agreement & Impressum in German (English is below)
CultFox & Hot Touch Media Terms & Conditions of Service
These Terms & Conditions of Service ("Terms") govern your access to and use of CultFox & Hot Touch Media websites and the services therein (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing and/or using the Services, you agree to be bound by these Terms, whether you are a “Visitor” (meaning that you simply browse the CultFox & Hot Touch Media Services, including, without limitation, through a mobile or other wireless device, or otherwise use CultFox & Hot Touch Media without being registered) or you are a “Member” (meaning that you have registered with CultFox or Hot Touch Media). The term “User” refers to a Visitor or a Member.
“CultFox” means Hot Touch Media and the features and services owned by Hot Touch Media and made available through: (i) our website at and any other Hot Touch Media branded or co-branded websites (including sub-domains, international versions, widgets and mobile versions); (ii) other media, software (such as a toolbar), devices, or networks now existing or later developed.
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the Privacy section of your User Account to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms. You may use these Services only if you can form a binding contract with CultFox and Hot Touch Media and are not a person barred from receiving services under the laws of England or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable English and international laws, rules and regulations.
The Services that CultFox and Hot Touch Media provides are always evolving and the form and nature of the Services that CultFox and Hot Touch Media provides may change over time without prior notice to you. In addition, CultFox and Hot Touch Media may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by CultFox and Hot Touch Media on the Services are subject to change. In consideration for CultFox and Hot Touch Media granting you access to and use of the Services, you agree that CultFox and Hot Touch Media and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. CultFox and Hot Touch Media cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will CultFox and Hot Touch Media be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free exposure on our social network.
You agree that for CultFox and Hot Touch Media to make such Content available to other companies, organisations or individuals who partner with CultFox and Hot Touch Media to view and contact for possible oppitunities with syndication, broadcast, distribution or publication of such Content on other media and services, subject to your permissions and our terms and conditions of privacy for such Content use.
Such additional uses by CultFox and Hot Touch Media, or other companies, organisations or individuals who partner with CultFox and Hot Touch Media, may only be made with your prmissions and concent, with you retaining all rights to your work, unless personally altered between you and the 3rd party.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be re-broadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. CultFox and Hot Touch Media will not be responsible or liable for any use of your Content by CultFox and Hot Touch Media in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
CultFox and Hot Touch Media gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by CultFox and Hot Touch Media as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CultFox and Hot Touch Media, in the manner permitted by these Terms.
CultFox and Hot Touch Media Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of CultFox and Hot Touch Media and its licensors. The Services are protected by copyright, trademark, and other laws of both England and foreign countries. Nothing in the Terms gives you a right to use the CultFox and Hot Touch Media name or any of the CultFox and Hot Touch Media trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding CultFox and Hot Touch Media or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Please review the CultFox and Hot Touch Media Laws (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of CultFox and Hot Touch Media, its users and the public.
Except as permitted through the Services (or these Terms), you have to use the CultFox and Hot Touch Media API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, CultFox and Hot Touch Media’s computer systems, or the technical delivery systems of CultFox and Hot Touch Media’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by CultFox and Hot Touch Media (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with CultFox and Hot Touch Media (Note: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of CultFox and Hot Touch Media is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
CultFox and Hot Touch Media respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, CultFox and Hot Touch Media will also terminate a user’s account if the user is determined to be a repeat infringer.
The Services may contain links to third-party websites or resources and these links are provided for your information only. You acknowledge and agree that we have no control over and are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CultFox and Hot Touch Media of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Additional Terms applicable to CultFox and Hot Touch Media’s share link button
If you include CultFox and Hot Touch Media’s share link button on your website, the following additional terms apply to you:
• We give you permission to use CultFox and Hot Touch Media’s share link button so that users can post links or content from your website on CultFox and Hot Touch Media;
• You give us permission to use and allow others to use such links and content on CultFox and Hot Touch Media;
• You will not place CultFox and Hot Touch Media’s share link button on any page containing content that would violate these Terms if posted on CultFox and Hot Touch Media.
Your access to and use of the Services or any Content is at your own risk. Without limiting the foregoing, CultFox and Hot Touch Media and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. CultFox and Hot Touch Media will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that CultFox and Hot Touch Media has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from CultFox and Hot Touch Media or through the Services, will create any warranty not expressly made herein.
Limitation of Liability
To the maximum extent permitted by applicable law, CultFox and Hot Touch Media and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Services; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not CultFox and Hot Touch Media has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of CultFox and Hot Touch Media to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by and construed in accordance with the laws of Austria.
We may revise these Terms from time to time, the most current version will always be available at Hot Touch Media.com and CultFoc.com. If the revision, in our sole discretion, is material we will notify you via email to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Hot Touch Media. If you have any questions regarding these terms, please Contact Us.
Competitions / Projects / music & events
- Hot Touch Media and CultFox reserves the right to alter their events, projects and competitions at any time.
- No refunds are given unless Hot Touch Media and CultFox fails to complete the project / service
- Hot Touch Media and CultFox will contact you ONLY if interested.
- This opportunity and the content is subjected to change without prior notice and Hot Touch Media and CultFox reserves the right to cancel their projects at any time with full refund returned to the payee(s) which may occur if Lack of interest or submissions do not meet quotas.
- Hot Touch Media and CultFox does not represent any song or profile associated with submissions. Submissions will not be used, altered or stored for any reason other then at the artist request.
- Hot Touch Media and CultFox is unlivable for the creation, promotion and placements of music from artists and full rights royalties and liability lies with the songs creator.